The Guarantor Statement Form (B眉rgschaftserkl盲rung) is a crucial document in German financial and business transactions, used when one party agrees to guarantee the obligations of another. This document is commonly required in various scenarios, including loan agreements, lease contracts, and business financing arrangements. It must strictly comply with German Civil Code requirements, particularly 搂 766 BGB which mandates written form. The document is essential for creating legally enforceable guarantee obligations and must include clear identification of all parties, specific details of the guaranteed obligations, and explicit declarations of the guarantor's commitment. Special considerations apply when the guarantor is a consumer, requiring additional protective provisions and declarations. The form serves as primary evidence of the guarantee obligation and may be required for enforcement proceedings under German law.
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1. Identification of Parties: Clear identification of the guarantor, creditor, and principal debtor, including full legal names, addresses, and registration details if applicable
2. Main Debt Obligation: Precise description of the principal debt or obligation being guaranteed, including the amount or maximum limit if applicable
3. Guarantee Declaration: Express statement of guarantee in accordance with 搂 766 BGB, clearly indicating the guarantor's commitment to stand surety
4. Scope of Guarantee: Definition of whether it's a temporary or permanent guarantee, and whether it covers all or specific obligations
5. Payment Terms: Conditions under which the guarantee can be called upon and how payment should be made
6. Legal Declarations: Mandatory legal statements including acknowledgment of obligations and confirmation of understanding
1. Limitation of Liability: Used when the guarantee is limited to a specific amount or time period
2. Consumer Protection Declarations: Required when the guarantor is a private individual, including acknowledgments of financial capacity and independent legal advice
3. Enforcement Clause: Optional submission to immediate enforcement (Unterwerfung unter die sofortige Zwangsvollstreckung) under 搂 794(1)(5) ZPO
4. Additional Security Provisions: Used when the guarantee is part of a broader security package
5. Waiver of Defenses: Optional waiver of certain statutory defenses, subject to legal limitations
6. Notice Requirements: Special provisions regarding how and when notices must be given to the guarantor
1. Principal Debt Agreement: Copy or extract of the main obligation being guaranteed
2. Identity Documents: Copies of identification documents of the guarantor
3. Financial Capacity Statement: Declaration of the guarantor's financial situation (particularly important in consumer contexts)
4. Authorization Documents: If the guarantor is a company, corporate authorization documents and proof of signing authority
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